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Poly Foam Antitrust Litigation

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Notice

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This official website is maintained by the Administrator for the action In re Polyurethane Foam Antitrust Litigation, 10‑MD-2196, MDL No. 2196, (the “Action”), pending in the United States District Court for the Northern District of Ohio in Toledo (the “Court”)

*******Important Update*******

On October 30, 2017, the Court entered the Distribution Order. Payments are expected to be distributed to Eligible Claimants within the next thirty days.

Notice was previously published of the Court’s decision to certify as a class action a lawsuit alleging that producers of flexible polyurethane foam conspired to raise the prices of and allocate markets for flexible polyurethane foam and flexible polyurethane foam products. That prior notice provided the opportunity to remain in the Class or request exclusion from it.

The Notice is to advise you of nine (9) Settlements that have been entered into since that earlier notice and to explain the principal terms of those Settlements and your rights in connection with them. Members of the Settlement Classes can file a Proof of Claim now to get a payment from all nine (9) Settlements. You may review and obtain copies of the Settlement Agreements entered into by the Defendants by clicking here.

UPDATE: On January 27, 2016, the Court entered a Memorandum Opinion and Order Re: Settlement Motions approving the Settlements. For a copy of the Memorandum and Order, please click here.

YOUR LEGAL RIGHTS AND OPTIONS IN THESE SETTLEMENTS:

TAKE NO ACTION

You do not have to take any action now to remain part of the Settlement Classes; however, to receive money, you must file a claim.

SUBMIT A CLAIM FORM

To receive money from the Settlement Funds, you will need to file a claim form by February 29, 2016. (See Question 9 of the Notice.) Click here to download a copy of the claim form or click here to be directed to the online claims filing website.

OBJECT

If you do not like an aspect of any of these Settlements, you may write to the Court by November 13, 2015. (See Question 11 of the Notice.)

GO TO THE COURT’S HEARING

If you submit an objection, you may also speak about your objection at the Court hearing on December 15, 2015 at 10:00 a.m. (See Questions 11, 17, 18, and 19 of the Notice.)

EXCLUDE YOURSELF

You may exclude yourself from any or all of these Settlements by November 25, 2015. (See Question 6 of the Notice.)

•The Notice is given under Rule 23 of the Federal Rules of Civil Procedure and by Order of the United States District Court for the Northern District of Ohio (the “Court”).

•On April 16, 2014, the Court decided this lawsuit could proceed as a class action under the laws of twenty-nine states and the District of Columbia on behalf of a “Class” or group of people and entities that may include you. The states include: Alabama, Arizona, California, Colorado, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Vermont, West Virginia, and Wisconsin, as well as the District of Columbia.

•Your legal rights are affected whether you act or don’t act. The Notice includes information on the Settlements with Carpenter, FFP, Future Foam, FXI, Hickory Springs, Leggett, Mohawk, Vitafoam, and Woodbridge. You may be included in these Settlements if:

• you bought, not for resale, any upholstered furniture (for example, a sofa with foam cushions), or carpet underlay (also known as carpet padding or carpet cushion), or bedding product (for example, mattresses, mattress toppers, or pillows) containing flexible polyurethane foam that was manufactured in the United States; and

• which you purchased during the time period January 1, 1999 to August 1, 2015; and

• which you purchased in one of the following states: Alabama, Arizona, California, Colorado, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Vermont, West Virginia, Wisconsin or the District of Columbia.

If you believe you are a class member and are included in the settlements under the definition above, please click here to download a copy of the claim form or click here to be directed to the online claims filing website.

To obtain the most up-to-date information, please visit this website for updates or call 866-302-7323.

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